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Guide
The name divorce has been a household word for
people who need it, or just take it as fashion on self-realization
for the never ending illusion for the search of “Miss or
Mr. Right” for a mate in life. Even in the confines of the
most settled or established homes the word “divorce”
hovers as a threat to the solemnity of conjugal partnership because
of the environmental changes in trends, culture, ignoring some
already practiced social conventions.
To be scared of divorce is no longer accounted
in such places as United States, Japan, Korea, and Canada, United
Kingdom and the commonwealth. As matter of fact, the rise in the
U.S. Canada, United Kingdom and the Commonwealth countries is
phenomenal that it becomes more of a fashion in today’s
society. There are still countries, more strongly attached to
their traditional roots and values such as the Philippines and
some other Asian countries that merely ignore away any proposition
in the legislature to adapt divorce.
These countries though they could perceive the
real need of divorce are simply not adept toward the impact of
some harsh realities experienced by some people within the conjugal
partnership. These people are beset by conditions and problems
that can’t be resolved and the only way out is to find a
legal means to free from each other from the bondage of marriage’s
brutalities that connect husband and wife who find no solution
to their differences. In the Bible, Jesus speaks of “divorce”
in exceptional unresolved cases in married life. However, though,
conditions in what he wanted to apply in the kind of divorce he
taught is rampantly tampered, that of not marrying another again.
Still sticking to the spiritual rule “Let no man put asunder.”
Impact of divorce to the defunct family (husband,
wife, and children), the effects carried about in that marriage
(dividing material things acquired, rights covered by the law,
such as custody to children, alimony, etc) is tremendous. Legal
fights in courts find it so unwholesome to the growing kids. Other
children who are growing up psychologically immature are thrown
to traumatic state they suffer for the rest of their lives.
Since “divorce” is the dissolution
of marriage, once it is approved, marriage became null and void
in any circumstances it was presented. The annulment that rendered
the partnership void does not however carry with it the effects
that marriage carry. There are so many conditions that the law
impose to protect the psychological, sociological and the emotional
health of the each, especially the children, protecting their
present and future lives. Allowing separated husband and wife
to marry immediately after the divorce are of two different conditions.
The man could remarry earlier whereas the woman has to wait for
specified days under the circumstance of the law. This is due
to the specifications as to the paternity of any child born to
the woman after sometime she remarries.
To avoid impending confusion on paternal claim
and responsibilities, further extent of time is set for her to
remarry that will make definite assurance, the child has not been
fathered by the divorced husband. In the presence of confusion
because there was conflict in the time of remarriage, the second
man should accept or conform to his paternal status to the child,
and amenable to full support both moral and material. It passes
thru legal process within the scope of duly accepted norm of conduct
of the present husband. It may not necessarily undergo formal
legal proceedings but what ever the concerned parties had agreed
upon privately, may be ratified by the law. This sounds true to
the divorced spouses. Any agreement between them in like manner
will also be ratified.
There are two kinds of divorce, the absolute and
the limited. Absolute divorce is the judicial terminations of
marriage bonds because of grieve misconduct of either one or both
parties after the divorce has been processed. It also concerns
about other statutory causes arising after the separation. Both
the divorced husband and wife become single again.
Limited divorce is merely like a separation decree.
It terminates merely the cohabitation of concerned husband and
wife. It does not state the dissolution of marriage, and their
status is not altered.
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